House Study Bill 537 - Introduced HOUSE RESOLUTION NO. _____ BY (PROPOSED COMMITTEE ON ETHICS RESOLUTION BY CHAIRPERSON KOESTER) A Resolution amending the House Code of Ethics. 1 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, That 2 Rule 8, as adopted by the House of Representatives 3 during the 2011 Session in House Resolution 7, is 4 amended to read as follows: 5 8. GIFTS ACCEPTED OR RECEIVED. Members and 6 employees of the house shall comply with the 7 restrictions relating to the receipt or acceptance 8 of gifts contained in section 68B.22 of the Code. 9 The sponsor of a function under section 68B.22, 10 subsection 4, paragraph “s”, shall electronically 11 file a registration with the chief clerk of the house 12 five days prior to the function disclosing the name of 13 the sponsor, and the date, time, and location of the 14 function. The sponsor shall also electronically file a 15 report of expenditures as required pursuant to section 16 68B.22, subsection 4, paragraph “s”. 17 BE IT FURTHER RESOLVED, That Rule 12, paragraphs 18 d and e, as adopted by the House of Representatives 19 during the 2011 Session in House Resolution 7, are 20 amended to read as follows: 21 d. Confidentiality of complaint. The identity of 22 the parties and the contents of the complaint shall be 23 confidential until the time that the committee meets to 24 determine whether the complaint is valid chairperson 25 and ranking member determine under paragraph “f” 26 that the complaint is sufficient as to form , unless 27 -1- LSB 5437HC (3) 84 tm/rj 1/ 4

H.R. _____ either the complainant or the party charged in the 1 complaint makes the identity of the parties, or the 2 information contained in , the complaint , public. 3 However, if either the complainant or party alleged 4 to have committed the violation requests that the 5 meeting to determine whether the complaint is valid be 6 a closed meeting and the identity of the parties or the 7 contents of the complaint have not been disclosed, the 8 meeting shall be closed. The chief clerk of the house 9 and the committee chairperson and ranking member may 10 communicate confidentially with appropriate legislative 11 staff during any stage of the complaint process. 12 e. Notice of complaint. Upon receipt of the 13 complaint, the chief clerk of the house shall promptly 14 notify the chairperson and ranking member of the 15 ethics committee that a complaint has been filed and 16 provide both the chairperson and the ranking member 17 with copies of the complaint and any supporting 18 information. Within two working days, the chief clerk 19 shall send notice, either by personal delivery or by 20 certified mail, return receipt requested, to the person 21 or persons alleged to have committed the violation, 22 along with a copy of the complaint and any supporting 23 information. The notice to the accused person shall 24 contain a request that the person submit a written 25 response to the complaint within ten working days of 26 the date that the notice was sent by the chief clerk. 27 At the request of the accused person, the committee may 28 extend the time for the response, not to exceed ten 29 additional calendar days. A response to a complaint 30 -2- LSB 5437HC (3) 84 tm/rj 2/ 4

H.R. _____ shall not be confidential. 1 BE IT FURTHER RESOLVED, That Rule 12, paragraph 2 f, unnumbered paragraph 1, as adopted by the House 3 of Representatives during the 2011 Session in House 4 Resolution 7, is amended to read as follows: 5 The committee chairperson and the ranking 6 member shall review the complaint and supporting 7 information to determine whether the complaint meets 8 the requirements as to form. If the complaint is 9 deficient as to form, the complaint shall be returned 10 to the complainant with instructions indicating the 11 deficiency unless the committee decides to proceed on 12 its own motion . If the complaint is in writing , is 13 sufficient as to form, and contains the appropriate 14 certification, as soon as practicable, the chairperson 15 shall call a meeting of the committee to review the 16 complaint to determine whether the complaint meets the 17 requirements for validity and whether the committee 18 should take action on the complaint pursuant to 19 paragraph “g” or whether the committee should request 20 that the chief justice of the supreme court appoint an 21 independent special counsel to conduct an investigation 22 to determine whether probable cause exists to believe 23 that a violation of the house code of ethics, house 24 rules governing lobbyists, or chapter 68B of the Code, 25 has occurred. The sufficiency as to form determination 26 and the valid complaint requirements determination 27 shall be based solely upon the original complaint and 28 the response to the complaint. Additional documents 29 or responses shall not be filed by the parties or 30 -3- LSB 5437HC (3) 84 tm/rj 3/ 4

H.R. _____ otherwise considered by the committee prior to a 1 validity determination. The committee shall not 2 receive or consider oral testimony in support of or 3 against a validity determination. 4 -4- LSB 5437HC (3) 84 tm/rj 4/ 4